B-129451, DEC. 3, 1956

B-129451: Dec 3, 1956

Additional Materials:

Contact:

AIR FORCE RESERVE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22. YOU WERE TO BE RELIEVED FROM THE ORGANIZATION TO WHICH ATTACHED IN TIME TO ARRIVE AT THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY ON JUNE (26?). THE ORDERS SPECIFIED THAT SUCH DUTY WAS AUTHORIZED UNDER AIR FORCE REGULATION NO. 35-76. OR PRIVATELY OWNED CONVEYANCE IS AUTHORIZED. WHEN TRAVEL IS PERFORMED BY COMMERCIAL TRANSPORTATION. THE ACTIVE DUTY AND TRAVEL TIME ALLOWABLE WILL BE COMPUTED ON THE BASIS OF THE TIME ACTUALLY AND NECESSARILY CONSUMED IN TRAVELING. IF TRAVEL IS PERFORMED BY PRIVATELY OWNED CONVEYANCE. THE TRAVEL TIME AND THE ACTIVE- DUTY TIME ALLOWABLE WILL BE THE CONSTRUCTIVE TRAVEL TIME OF COMMERCIAL TRANSPORTATION OVER THE SHORTEST USUALLY TRAVELED ROUTE.

B-129451, DEC. 3, 1956

TO MAJOR ANTHONY G. WODEK, U.S. AIR FORCE RESERVE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22, 1956, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT DATED SEPTEMBER 6, 1956, WHICH DISALLOWED YOUR CLAIM FOR ACTIVE DUTY PAY AND ALLOWANCES FOR JUNE 26, 1955.

PARAGRAPH 10 OF AIR FORCE RESERVE ORDERS NO. 53, DATED MAY 20, 1955, SELFRIDGE AIR FORCE BASE, MICHIGAN, ORDERED YOU TO ACTIVE DUTY FOR TRAINING FOR 15 DAYS WITH THE 3764TH STUDENT SQUADRON, SHEPPARD AIR FORCE BASE, TEXAS. THE ORDERS SPECIFIED THE EFFECTIVE DATE OF TRAINING AS JUNE 11, 1955, AND DIRECTED YOU TO REPORT AT SHEPPARD AIR FORCE BASE NOT LATER THAN 1200 HOURS, JUNE 13, 1955. UPON COMPLETION OF ACTIVE DUTY TRAINING, AND UNLESS SOONER RELEASED, YOU WERE TO BE RELIEVED FROM THE ORGANIZATION TO WHICH ATTACHED IN TIME TO ARRIVE AT THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY ON JUNE (26?), 1955, THE EFFECTIVE DATE OF RELIEF FROM TRAINING. THE ORDERS SPECIFIED THAT SUCH DUTY WAS AUTHORIZED UNDER AIR FORCE REGULATION NO. 35-76. PARAGRAPH 6A OF THAT REGULATION, RELATING TO SHORT AND SPECIAL TOURS OF ACTIVE DUTY FOR TRAINING OF AIR FORCE RESERVE OFFICERS AND AIRMEN, DEFINES SHORT TOURS AS THOSE OF 15 CONSECUTIVE DAYS' DURATION, INCLUDING TRAVEL TIME, AND PROVIDES THAT A RESERVIST MAY NOT RECEIVE MORE THAN ONE SHORT TOUR OF ACTIVE DUTY IN ANY FISCAL YEAR. PARAGRAPH 20 OF THE SAME REGULATION, RELATING TO TRAVEL FOR ACTIVE-DUTY TOURS OF LESS THAN 90 CONSECUTIVE DAYS, PRESCRIBES THAT TRAVEL BY MILITARY CONVEYANCE, COMMERCIAL TRANSPORTATION, OR PRIVATELY OWNED CONVEYANCE IS AUTHORIZED, AND WHEN TRAVEL IS PERFORMED BY COMMERCIAL TRANSPORTATION, THE ACTIVE DUTY AND TRAVEL TIME ALLOWABLE WILL BE COMPUTED ON THE BASIS OF THE TIME ACTUALLY AND NECESSARILY CONSUMED IN TRAVELING, AND IF TRAVEL IS PERFORMED BY PRIVATELY OWNED CONVEYANCE, THE TRAVEL TIME AND THE ACTIVE- DUTY TIME ALLOWABLE WILL BE THE CONSTRUCTIVE TRAVEL TIME OF COMMERCIAL TRANSPORTATION OVER THE SHORTEST USUALLY TRAVELED ROUTE.

THE RECORDS INDICATE THAT YOU DEPARTED FROM YOUR HOME AT 1100 HOURS, JUNE 11, 1955, AND ARRIVED AT SHEPPARD AIR FORCE BASE, TEXAS, AT 0800 HOURS, JUNE 13, 1955. YOU WERE RELIEVED FROM YOUR DUTY ASSIGNMENT AT THAT STATION AS OF 1200 HOURS, JUNE 24, 1955, AND WERE PAID ACTIVE-DUTY PAY AND ALLOWANCES FOR 15 DAYS, JUNE 11 THROUGH JUNE 25, 1955, INCLUSIVE, ON VOUCHER NO. 5631, SEPTEMBER 1955 ACCOUNTS OF H. G. LONDON.

YOU CONTEND THAT YOU PERFORMED DUTY ON JUNE 26, 1955, AND THAT YOU SHOULD RECEIVE PAY AND ALLOWANCES FOR THAT DAY. YOU SAY THAT SCHOOL WAS OVER AT 1100 HOURS ON JUNE 24, 1955, AND THAT YOU LEFT SHEPPARD AIR FORCE BASE AT 1300 HOURS AND THAT IT WOULD BE ALMOST AN IMPOSSIBILITY TO REACH OXFORD, MICHIGAN, ON JUNE 25 UNLESS AIR TRANSPORTATION WAS USED. YOU SAY ALSO THAT OTHER OFFICERS--- INCLUDING LIEUTENANT BERNARD L. MCNAMARA, WHO WAS ORDERED TO DUTY AT THE SAME PLACE AND UNDER THE SAME ORDERS--- RECEIVED PAY AND ALLOWANCES FOR MORE THAN 15 DAYS.

THE DEPARTMENT OF THE AIR FORCE HAS REPORTED THAT YOU COULD HAVE DEPARTED FROM WITCHITA FALLS, TEXAS, BY RAIL, AT 1610 HOURS, JUNE 24, 1955, AND ARRIVED AT OXFORD, MICHIGAN, AT 2339 HOURS THE FOLLOWING DAY. OUR TRANSPORTATION DIVISION HAS VERIFIED THE REPORT OF THE DEPARTMENT OF THE AIR FORCE AS SUBSTANTIALLY CORRECT. ON THE BASIS OF THE INFORMATION AVAILABLE IT APPEARS THAT YOU COULD HAVE TRAVELED FROM WICHITA FALLS TO ST. LOUIS VIA THE MISSOURI, KANSAS AND TEXAS RAILROAD, LEAVING WICHITA FALLS AT 1610 HOURS ON JUNE 24, 1955, ARRIVING AT DENISON, TEXAS, AT 1950 HOURS, DEPARTING FROM THAT PLACE AT 2035 HOURS THE SAME DAY AND ARRIVING AT ST. LOUIS AT 0810 HOURS THE FOLLOWING DAY. YOU COULD HAVE LEFT ST. LOUIS VIA THE WABASH RAILROAD AT 0900 HOURS ON JUNE 25, 1955, ARRIVING AT DETROIT AT 2030 HOURS, DEPARTING FROM THAT PLACE AT 2235 HOURS, AND ARRIVING AT OXFORD AT 2338 HOURS ON THE SAME DAY.

IT APPEARS THAT UNDER THE APPLICABLE ORDERS AND REGULATIONS YOU WERE PROPERLY PAID PAY AND ALLOWANCES FOR 15 DAYS AS PROVIDED IN YOUR ORDERS. FOR YOUR INFORMATION IT MAY BE STATED THAT AN EXAMINATION OF THE PERTINENT VOUCHER DISCLOSES THAT UNDER THE SAME ORDERS LIEUTENANT MCNAMARA RECEIVED PAY FOR ONLY 15 DAYS.

Mar 13, 2018

Interoperability ClearinghouseWe dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.